Singh (Migration)

The Administrative Appeals Tribunal considered the case of Mr Singh, who sought review of a decision to cancel his Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. The primary dispute concerned the Tribunal's power to proceed with the review application when Mr Singh failed to attend a scheduled hearing.

The central legal issue before the Tribunal was whether it was obliged to confirm the dismissal of Mr Singh's application for review, given his failure to attend the hearing and his subsequent failure to apply for reinstatement within the prescribed 14-day period.

The Tribunal's reasoning was based on the legislative framework governing review applications. It determined that, in the absence of a timely application for reinstatement following a failure to attend a hearing, the Tribunal had no discretion but to confirm the dismissal of the application. Consequently, the decision under review was taken to be affirmed. The Tribunal confirmed the decision to dismiss the application.